Sec. 109 (1170). Governor may draw on the state treasurer for money necessary to pay expenses of arresting fugitives from justice. 1870-'1, c. 82. In all cases where the governor of the state has made a requisition on the governor of another state for any fugitive from justice and has sent an agent to receive said fugitive, it shall be lawful for the governor to issue a warrant on the state treasurer for the amount of money necessary to pay the expenses of said agent and other costs in the arresting of said fugitive from justice, to be paid by the treasurer of the state.

Sec. 110 (1173). Of costs in proceedings before judges and magistrates. 1868-'9, c. 178, sub chap. 2, s. 40.

In all cases of criminal complaints before justices of the supreme court, judges of the superior and criminal courts, justices of the peace and other magistrates having jurisdiction of such complaints, the officers entitled by law to receive fees for issuing or executing process, shall not be entitled to demand them in advance. Such officers shall indorse the amounts of their respective fees on every process issued or executed by them, and return the same to the court to which it is returnable.

Sec. 11 (1203). Superior and inferior courts to set a day for the trial of crimes; witnesses not to attend till such day. R. C., c. 35, s. 36. 1822, c. 1133, ss. 2, 3, 4. C. C. P., s. 229.

The courts shall appoint a special day in their respective terms, on which the business of the state shall be taken up, and the court may proceed therewith till the whole is finished; and no witness recognized or summoned to attend on indictment found shall be entitled to compensation for attending previous to the day so appointed: Provided, that in capital cases witnesses and other persons may be required on the day preceding the day appointed as aforesaid; and the clerk of the court in which a day is thus appointed shall give notice thereof at the court-house door and at three or more public places in the county, and shall issue subpenas and take recognizances for attendance on such day.

Sec. 112. Expenses when prisoner to be taken to another county, how paid. 1885, c. 262.

When a sheriff or other officer shall arrest a person under a capias or other legal process, which requires him to have the person arrested before a court or judge of another county, and such sheriff or other officer shall be obliged to incur expense in the safe delivery of such person by reason of his failing to give bond for his appearance, the sheriff or other officer shall file with the court. or judge issuing the capias or other legal process and with the

register of deeds an itemized and sworn account of such expenses, which shall be presented by the register to the board of commissioners at their next regular meeting to be audited by them. That such sworn statement shall be received by the said board as prima facie correct. That upon such auditing the board of commissioners shall cause to be issued to such sheriff or other officer an order on the county treasurer for the amount so audited and allowed by them, and shall notify the court or judge of their action, to the end that the amount so allowed shall be taxed in the costs to the use of the county.

COTTON-SALE OF.

SEC. 113. Sale of cotton within cer- SEC 114. Weigher's oath; failure to tain hours prohibited. take.

SEC. 114. Weighing regulated.

Sec. 113 (1006). Cotton, sale of, within certain hours prohibited. 1873-'4, c. 62. 1874-'5, c. 70. 1887, c. 199.

If any person shall buy, sell, deliver or receive, for a price or for any reward whatever, any cotton in the seed, or any unpacked lint cotton, brought or carried in a basket, hamper or sheet, or any mode where the quantity is less than what is usually baled, or where the cotton is not baled, between the hours of sunset and sunrise, such person so offending shall be guilty of a misdemeanor.

in

It shall be unlawful for any person to buy, sell, deliver or receive for a price, or for any reward whatever, any cotton in the seed where the quantity is less than what is usually baled, except as hereinafter provided.

The person so buying or receiving seed cotton as aforesaid shall enter upon a book to be kept by him or her for such purpose the date of such buying, or receiving, the number of pounds in each lot, the person or persons from whom bought or received, and the price paid for same per pound, and shall keep said book open to inspection by the public at all business hours of the day.

Any person buying or receiving seed cotton, who shall fail to keep the book as aforesaid, or shall fail or neglect to make therein the entries aforesaid at the time of such buying or receiving, shall be guilty of a misdemeanor, and upon conviction be punished by a fine not exceeding fifty dollars or imprisoned not exceeding thirty days.

In all prosecutions under this act it shall only be necessary for the state to allege and prove that the defendant bought or received the seed cotton as charged, and the burden shall be upon the defendant to show that the provisions of this act have been complied with.

DIAGRAM OF PREMISES.-A plat or diagram of defendant's premises, offered by him to show the position of the yard, house, cotton, etc., for the purpose of illustrating the position of the defendant, and to show that he could not have seen or received the cotton, is competent, though no notice was given the state of its preparation. Whiteacre, 98-753.

ACT CONSTITUTIONAL.-Laws N. C., 1887, c. 81 (amended 1889, c. 319), making it unlawful to buy, sell, deliver or receive seed cotton in certain counties in quantities less than that usually contained in a bale, unless the contract is reduced to writing, signed by the parties in the presence of two witnesses, and entered on the docket of the nearest magistrate within ten days thereafter, is an exercise of the police power of the legislature, and does not conflict with either the state or federal constitution. (Const. N. C., art. 1, sections 1 and 31. Const. U. S., Fourteenth Amendment.) Moore, 104-714.

INDICTMENT-MANNER OF CARRYING COTTON.-When the indictment fails to set forth the manner in which the cotton was brought or carried, a motion in arrest of judgment will be sustained. Whiteacre, 98-753.

FORMER CONVICTION.-JURISDICTION.--After having been presented by the grand jury for failure to make a sworn statement of his purchases, defendant was tried and convicted before a justice of the peace more than six months after the commission of the offence, but the fact of such presentment was then unknown either to defendant or the justice: Held, that the justice had concurrent jurisdiction after the lapse of six months, and that the plea of former conviction should be sustained. Roberts, 98-756.

Sec. 114 (1007). Cotton; weighing of regulated. 1874-'5, c. 58, ss. I, 3.

If any weigher or purchaser of cotton shall make any deduction from the weight of any bag, bale or package of lint cotton, for or on account of the draft, turn or break of the scales, steelyards, or other implement used in weighing the same, or for any other cause except as herein allowed, the person so offending shall be guilty of a misdemeanor, and fined three hundred dollars or imprisoned, in the discretion of the court: Provided, that the weigher may make such proper deduction as shall be agreed on by him, and the seller, or his agent, for water, dirt or other foreign substance, in or on such bag, bale, or package of cotton, or for other just cause.

Sec. 115 (1008). Cotton-weigher's oath, the failure of the weigber to make, subscribe, and file with the register of deeds, a misdemeanor. 1874-25, c. 58, s. 2.

Every public weigher of cotton shall, before entering on the duties of his office, make and subscribe the oath prescribed for cotton weighers, which, when made, shall be filed in the office of

the register of deeds for the county in which the person acts as weigher, and said register shall make a note of the same, and any person acting as weigher without making and filing the oath, shall be guilty of a misdemeanor, and shall be fined twenty-five dollars for every bag, bale, or package of cotton which he shall have unlawfully weighed before being qualified to do so.

See FORGERY.

COUNTERFEITING.

COUNTIES.

The civil division of the state into counties, etc., must be taken notice of judicially by the courts. Glasgow, 1 (Conf.), 176.

The courts take judicial notice of the political sub-divisions of the state, and hence, where in an "omnibus" act prohibiting the sale of spirituous. liquors in certain localities, an alphabetical list of the counties is given, each name being followed by a list of the places within a certain distance of which the sale or manufacture of whiskey is prohibited, the courts will take judicial notice of the fact that the names in alphabetical order are the names of counties, although the word "county" nowhere appears in the act. Snow, 117-774.

See also RAPE.

CRIME AGAINST NATURE.

Sec. 116 (1010). Crime against nature. R. C., c. 34, s. 6. 1868-'9, c. 167, s. 6 25 Hen. VIII., c. 6. 5 Eliz., c. 17.

If any person shall commit the abominable and detestable crime against nature, with mankind or beast, he shall be imprisoned in the penitentiary not less than five nor more than sixty

years.

CRIMES.

WHAT CONSTITUTES A CRIME.-Where a statute makes an act unlawful, or imposes a punishment for its commission, such act becomes a crime without any express declaration that it shall be a crime. Pierce, 123

745.

If the legislature prescribes that a certain act shall be punishable by either fine or imprisonment, or forbids it generally, such act becomes a crime. Ostwalt, 118-1212.

A belief that an unlawful act is lawful is no justification because when the act is unlawful and voluntary the quo animo is necessarily inferred from the act itself. Presnell, 34 (12 Ire.), 103.

Where there is a criminal intent to commit a felony, and some act is done amounting to an attempt to accomplish the purpose without doing it, the offender is indictable for a misdemeanor. Jordan, 75-27.

But an intent without any culpable act is not indictable. Penny, 4 (1 Car. L.), 517 (130.)

I is no offence to entice an infant from the service of his parent. Rice, 76-194.

An intent to commit a felonious act, where the intent is only a misdemeanor, merges in the felony, if the act be committed; but if the intent alone is a felony of the same grade with the act itself, there is no merger. Jesse, 20 (3 D. & B.), 98.

The Cherokee Indians are subject to the criminal laws of the state. Ta-cha-na-tah, 64-614.

The legislature can not define and punish crimes committed in another state. Knight, 1 (Tay.), 65 (44).

While the legislature may require any person appointed to an office to accept it under pain of indictment, yet there is no principle of the common law making such offence criminal. McEntyre, 25 (3 Ired.), 171.

CRIMINAL STATISTICS.

Sec. 117. Criminal statistics to be furnished by clerks. 1889, c. 341.

Within twenty days after the adjournment of any criminal court of record, or of any term of the superior court at which criminal causes were triable, the clerk thereof shall transmit to the office of attorney-general of state a duly certified statement of the number of indictments finally disposed of at such court, specifying the number for each separate offence, the number on which convictions were had and on which defendants were acquitted, and of indictments against persons who were convicted on confession, and against persons who were discharged without trial, and also the name, age, occupation, sex, race and offence of every person convicted at such court or (pleading guilty) of any offence,